What Should You Do if You Are Injured by a Dangerous Drug?
There are so many new medications hitting the market every month, it’s hard to keep track. It seems like these dangerous drugs are being approved by the FDA a lot faster than they used to be. In one day, you can see three or four commercials for the same kind of medication.
When new drugs enter the market, there’s always the risk that they’re going to be dangerous. Some are only dangerous to certain people. For example, if you have certain allergies, the drug may be harmful to you.
Other patients are already on medications that may not interact well with these new drugs. It’s up to your doctor to check to make sure you don’t suffer an adverse reaction. When this doesn’t happen, people get hurt.
If you or your loved one suffer an injury from a dangerous drug, you need to call a personal injury attorney in Houston. You have a right to be safe and your doctor and the drug manufacturer need to be held responsible.
What Makes a Drug Dangerous?
Drugs can be dangerous for all sorts of reasons. If a patient gets injured because of a medication, it’s important to find out what caused their injuries. This is where your Houston personal injury lawyer enters the picture.
Most dangerous drug cases fall into one of the following categories:
- Drugs that are dangerous no matter who they’re prescribed to
- Drugs that are marketed without necessary warnings
- Drugs that are marketed to groups of people that are at risk
- Drugs that are prescribed for the wrong purposes
Some drugs shouldn’t be on the market no matter what. Unfortunately, by the time we realize how dangerous these drugs are, it’s too late to do anything about it. It usually takes a large number of people getting sick before anyone knows there’s a problem.
Other drugs are safe if prescribed to the right people. For example, some drugs are not safe for pregnant women. Yet, manufacturers and marketing people purposely sell the drugs to this group of consumers.
Finally, some drugs may be safe, but only if the patients are provided with fair warnings about their risks and side effects. This is something that not only the drug manufacturers but also prescribing physicians need to be mindful of.
Who Is Responsible for Dangerous Drug Injuries?
When it comes to determining who to file your claim against, it depends on the situation. Some drug companies market their drugs in a very legitimate fashion. They clearly inform doctors of the drug’s dangerous interactions and side effects.
If the doctor prescribes the drug to his patients anyway, he can be held responsible. The same is true for adverse drug interactions. If you already take certain drugs, it’s your doctor’s responsibility to be careful not to prescribe drugs that won’t mix well with your current meds.
Your Houston personal injury lawyer will make sure to file your claim against any potential defendants. This may include the following:
- Drug manufacturer
It’s a good idea to err on the side of caution. If you think someone is responsible for your injuries, you need to name them in your initial claim. You won’t be able to add them to your complaint down the road.
You also have to make sure you file your claim within the statute of limitations.
What is the Statute of Limitations in Houston, Texas?
The statute of limitations in Texas is two (2) years. This is for both personal injury and medical malpractice. You may have to file both types of claims. It depends on who your Houston personal injury lawyer thinks is most responsible.
The statute starts running on the day you were injured. For dangerous drug cases, this can be either the date you were first prescribed the drug or the day you found out you were injured. Your injury lawyer will push for the date you learned you were injured. You could’ve been on the drug for years before you find out it hurt you.
Once the statute of limitations starts running, it doesn’t stop. The courts in Texas are very strict about this. You have to file your claim within the two-year period. If you don’t, your claim will be dismissed.
Contact an Injury Lawyer in Houston
If you or your loved one have been injured by a dangerous drug, you need to call a Houston injury lawyer at McDonald Worley. Your lawyer will review your case and let you know how much it may be worth. They’ll also answer any questions you might have.
Call today and schedule your free initial consultation.